Friday, September 27, 2013

KYSC - Allen - Self Representation and Standby Counsel

Ricky Allen v. Commonwealth, 2011-SC-000009-MR (rendered 9/26/2013)(to be published)

Mr. Allen ‘s Sixth Amendment rights were violated where Mr. Allen was permitted to represent himself at trial,  but was restricted from participating in bench conferences. The trial court allowed only standby counsel to participate in bench conferences based on the court’s determination that Mr. Allen was a threat to either disrupt the proceedings or flee, which left him unrepresented at critical stages of the trial proceedings.  Mr. Allen’s convictions of burglary in the third degree, criminal mischief in the first degree, theft by unlawful taking over $300.00, receiving stolen property, under $300.00, and being a persistent felony offender in the second degree, for which he received a sentence of twenty years, are reversed.  Tom Ransdell and Kate Benward represented Mr. Allen on appeal.  

Contributed by Karen Maurer